Page:The Supreme Court in United States History vol 1.djvu/39

Rh will be felo-de-se in the execution. . . . Whenever the Federal Judiciary comes into operation, I think the pride of the States will take alarm which, added to the difficulty of attendance from the extent of the district in many cases, the ridiculous situation of the venue, and a thousand and other circumstances, will in the end procure its destruction. The salaries, I think, are rather high for the temper or circumstances of the Union and furnish another cause of discontent to those who are dissatisfied with the Government." * At the same time, John Brown, a Congressman from Kentucky, wrote : "I fear in the administration of it great difficulties will arise from the conciurrent jurisdic- tions of the Federal with the State Courts which will unavoidably occasion great embarrassment and clash- ing. But it is absolutely necessary to pass a Judiciary Law at this session, and the one which passes is as good, I believe, as we at present could make it. Experience may point out its defects.'* Another Congressman writing from New York, September 14, said: **The Judicial Bill is now under consideration by Congress. This Department, I dread as an awful Tribunal ... by its institution, the Judges are completely independent, being secure of their salaries, and removable only by impeachment, not being subject to discharge on address of both Houses as is the case in Great Britain." * And William R. Davie, the leader of the Bar in North Carolina, wrote to Judge Iredell, August 2, 1791 : "I sincerely hoi>e something will be done at the next session of Congress with the Judiciary Act; it is so defective in point of arrangement, and so obscurely drawn or expressed, that, in my opinion, it would

> Letters and Timet qf the Tylers (1884), by Lyon G. Tyler, letter of Sept. 29, 1789; Harry Innea Papers M8S, letter to Harry Innes, Sept. 28, 1789. ' See Oracle cf the Day (Portsmouth, N. H.)» quoted in General AdverHser (Phil.), June 9» 1705.